Counseling small companies in a troubled economy

If you work with small to mid-sized companies, an upcoming CLE from the TBA's TennBarU and Young Lawyers Division may be for you. There is still time to register for this Oct. 3 program, which will focus on the current economy and how you can guide your business clients through a healthy birth, life or death of a company. The course is also a great value for TBA members, who can use the three prepaid CLE credits that come with their TBA Complete Membership to take the course for free.

Register now or find out more about this program

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Court: TWCA


Larry R. McElhaney, II, Nashville, Tennessee, for the appellant Robert Edwards.

Kenneth M. Switzer, Nashville, Tennessee, for the appellee Saturn Corporation.

Judge: CLARK

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6- 225(e)(3) for a hearing and report of findings of fact and conclusions of law. The trial court determined that: (1) under Building Materials Corp. v. Britt, Employee’s date of injury was his last day worked before having shoulder surgery, December 15, 2005; (2) Employee's meaningful return to work was not frustrated by a plant-wide lay-off; and (3) Employee’s permanent partial disability award should be capped at 1.5 times the medical impairment rating. Because the evidence does not preponderate against the trial court's findings, we affirm the trial court's judgment.


Court: TWCA


Terry L. Hill, Nashville, Tennessee, for the appellant, Mueller Refrigeration Company, Inc.

B. Keith Williams and James R. Stocks, Lebanon, Tennessee, for the appellee, Michael Limbaugh.


This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6- 225(e)(3) for a hearing and a report of findings of fact and conclusions of law. Employee sustained a compensable injury. He subsequently developed a condition known as "winging" of the scapula. Two treating doctors testified that the AMA Guides did not provide for assigning impairment for this condition. An evaluating physician agreed that the AMA Guides did not cover the condition, but assigned 10% permanent impairment to the body as a whole, based upon his experience and judgment. The trial court awarded 15% permanent partial disability to the body as a whole. Employer has appealed, contending the evidence preponderates against the trial court's finding. We affirm the judgment.


Court: TWCA


Gordon C. Aulgur, Nashville, Tennessee, for the appellant M & R Constructors, Inc.

Debbie C. Holliman and E. Guy Holliman, Carthage, Tennessee, for the appellee, Lisa Miller.


This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6- 225(e)(3) for a hearing and a report of findings of fact and conclusions of law. This is a suit to recover workers' compensation death benefits. Employer denied that Decedent's cardiac arrest was caused by his employment. The trial court found the death to be work-related, and awarded benefits to the survivors. On appeal, Employer contends that the evidence preponderates against that finding. We disagree, and affirm the judgment.


Court: TCA


J. Steven Anderson, Memphis, TN, for Appellant

Margaret M. Chesney, Memphis, TN, for Appellee


This is a divorce case involving the interpretation of a Prenuptial Agreement. Husband/Appellant appeals the trial court's decision to reimburse certain expenditures made by Wife as "improvements" to the marital home. Wife/Appellee appeals the trial court's denial of her request for attorney's fees. Finding no error, we affirm.


Court: TCCA


Robert L. Jolley, Jr., Knoxville, Tennessee, for the appellant, Tony Best.

Robert E. Cooper, Jr., Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; Robert Steve Bebb, District Attorney General; and J. Chalmers Thompson and James Stutts, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: OGLE

A Monroe County Criminal Court jury convicted the appellant, Tony Best, of attempt to manufacture methamphetamine and felony possession of drug paraphernalia. The trial court sentenced him as a Range I, standard offender to two years and one year, respectively, to be served concurrently on probation following a thirty-day jail term. On appeal, the appellant contends that (1) the warrantless search of boxes allegedly belonging to him and the seizure of his person violated the Fourth Amendment; (2) the State's destruction of evidence violated due process; (3) the evidence is insufficient to support his convictions; (4) his convictions for attempt to manufacture methamphetamine and felony possession of drug paraphernalia place him in double jeopardy for the same conduct; (5) the State erroneously failed to provide a bill of particulars after being ordered to do so; (6) the prosecutor committed prosecutorial misconduct in closing argument; and (7) his fines are excessive. Based upon the record and the parties' briefs, we affirm the appellant's judgment of conviction for felony possession of drug paraphernalia but reverse his conviction for attempt to manufacture methamphetamine because the evidence is insufficient to support the conviction.


Court: TCCA


Vincent P. Wyatt, Nashville, Tennessee, for the Appellant, Jonathan C. Carr.

Robert E. Cooper, Jr., Attorney General and Reporter; Preston Shipp, Assistant Attorney General; Kim Helper, District Attorney General; and Jennifer C. Moore, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: HAYES

The Appellant, Jonathan C. Carr, appeals his felony conviction by a Williamson County jury for the crime of possession of a controlled substance in a penal institution. T.C.A. Section 39-16-201(a)(2) 1 (2005). On appeal, the following issues are raised: (1) whether the custodial arrest of Carr for a misdemeanor offense violated this state's "cite and release" statute, Tennessee Code Annotated section 40-7-118 (2005) and, thus, any evidence obtained as a result of the arrest was inadmissible; (2) whether Carr's presence in a "booking area" of the jail while in possession of a controlled substance constituted a "voluntary" act; and (3) with regard to the sufficiency of the evidence: (a) whether the proof established that Carr was ever "located within an area where prisoners are quartered" and (b) whether the proof established that Carr's possession was "without the express consent of the chief administrator" of the institution. After review, we conclude that issues (2) and (3) are without merit and that issue (1) is procedurally defaulted. Accordingly, Carr's convictions for possession of a controlled substance in a penal institution and possession of drug paraphernalia are affirmed.


Court: TCCA


Dana C. McLendon, III, Franklin, Tennessee (on appeal), and Sharon E. Guffee, Franklin, Tennessee (at trial), for the appellant, Joseph S. Lucas, Jr.

Robert E. Cooper, Jr., Attorney General and Reporter; Elizabeth B. Marney, Senior Counsel; Ronald L. Davis, District Attorney General; and Mary Katharine White, Assistant District Attorney General, for the appellee, State of Tennessee.


The defendant, Joseph S. Lucas, Jr., appeals the sentencing decision of the Williamson County Circuit Court. The defendant was indicted, in an open-dated indictment, for the offense of rape of a child, a Class A felony, which was alleged to have been committed between May 2005 and September 2005. He subsequently pled guilty to the offense and was sentenced to twenty-five years, to be served at 100%, in the Department of Correction. The trial court, in imposing the sentence, applied the 2005 amendments to our criminal code, which became effective June 7, 2005, based upon the trial court’s finding that the offense occurred after June 7, 2005. On appeal, the defendant asserts that the trial court erred by: (1) sentencing pursuant to the 2005 sentencing amendments when the proof failed to establish that the offense was committed after the effective date of the amendments; (2) applying two enhancement factors absent a jury determination of those facts; and (3) failing to apply the catchall mitigating factor. Following review of the record, we find no error and affirm the sentencing decision of the Williamson County Circuit Court.


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Students will hear cases along with Supreme Court
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Learn more from the Administrative Office of the Courts
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About this publication: Today's News is a compilation of digests of news reports of interest to Tennessee lawyers compiled by TBA staff, links to digested press releases, and occasional stories about the TBA and other activities written by the TBA staff or members. Statements or opinions herein are those of the authors and do not necessarily reflect those of the Tennessee Bar Association, its officers, board or staff.

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